Sinnett v The Owners - Strata Plan No. 92002 [2021] NSWCATCD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sinnett v The Owners - Strata Plan No. 92002 [2021] NSWCATCD 13 Hearing dates: 19 May 2021 Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Consumer and Commercial Division Before: G Ellis SC, Senior Member Decision: 1.That, pursuant to section 236(1) of the Strata Schemes Management Act 2015, the allocation of unit entitlements among the lots in Strata Plan No 92002 be in accordance with the schedule of proposed unit entitlements in the valuation report of Christopher Smith of Robertson & Robertson dated 27 July 2020, details of which are set out below, with the total number of unit entitlements being 1,000. Lot 1 77 Lot 9 79 Lot 2 70 Lot 10 79 Lot 3 70 Lot 11 79 Lot 4 70 Lot 12 71 Lot 5 70 Lot 13 59 Lot 6 69 Lot 14 57 Lot 7 68 Lot 15 52 Lot 8 0 Lot 16 30 2. On or before 16 June 2021, being 28 days from the date of these orders, the respondent is to take all necessary steps to lodge with the Registrar General of the Land and Property Management Authority to have recorded on the common property title of Strata Plan No 92002 the orders of the Tribunal. 3. The respondent is to inform each of the Lot Owners in writing of it lodging a copy of these orders with the Registrar-General of the Land and Property Management Authority within 7 days of that lodgement. Catchwords: LAND LAW – Strata Title – reallocation of unit entitlements – consideration of valuation -unreasonable initial allocation – exercise of discretion Legislation Cited: Strata Schemes Development Act 2015 (NSW) Strata Schemes Management Act 2015 (NSW) Strata Titles Act 1973 (NSW) Cases Cited: Sahade v Owners – Strata Plan 2022 (2014) 87 NSWLR 261 Category: Principal judgment Parties: Andrew Mark Sinnett (Applicant) The Owners - Strata Plan No. 92002 (Respondent) Representation: File Number(s): SC 20/47894 Publication restriction: Nil